Purchase and sale and prohibition of uncertainty (gharar) in the Islamic tradition

The article deals with the requirements of Islamic law to classical contract sale. authors conclude that prescriptions regarding conclusion a sale, object sale and price formation are largely explained by attraction Islam fairness in trade. Analyzing refer concept property al-mal its forms — al-‘ayn al-dayn property. They insist is not an analogue “obligation”, “debt” or “right claim” civilian common law’s traditions, but unique law, literally meaning “property-in-the-future”. Considering limitations aldayn property, this presents approaches madhhabs admissibility conditions for purchase bay’ al-dayn. basic tool on way sustainable trade turnover prohibition transactions involving excessive uncertainty gharar. reveal concept, which has been widely discussed among Muslim scholars, distinguish notion gharar from notions risk gambling maysīr. Application own characteristics becomes key point deciding whether it admissible sell non-existent thing bai‘ al-ma‘dum available physical inspection at time transaction al-ghayb. In context, pay attention distance goods preliminary inspection, sample description. offers effective mechanism removing giving buyer right khiyar al-ru’yah, unilaterally withdraw moment goods.